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Terms and conditions

Terms and Conditions of the Music Granar Online Music Library (https://musicgranar.com)

For the purposes of these Terms and Conditions, the following definitions shall apply:

1. Music Granar Music Library ("Music Granar") – the online music library available at https://musicgranar.com, containing a catalogue of musical recordings searchable by metadata, available for low-quality preview streaming and high-quality downloads for commercial licensing purposes.

2. User – any person using the Music Granar Music Library.

3. Recordings – sound recordings of musical works made available through the Music Granar Music Library.

§ 1. General Provisions

1. These Terms and Conditions set forth the rules governing the use of the Music Granar Music Library by its Users.

2. The administrator of the Music Granar Music Library is Janusz Stokłosa – Wydawnictwa Muzyczne i Nutowe Stoklosa Editions, with its registered office at ul. Kamień Polny 12, 05-806 Pęcice Małe, Poland, Tax Identification Number (NIP): 5260054952, who holds all proprietary copyrights to the Music Granar Music Library.

3. The Music Granar Music Library is intended for adult natural persons, legal entities and organisational units without legal personality that use the Recordings in connection with their business, professional or statutory activities.

4. Music Granar is not intended for consumers within the meaning of Article 22¹ of the Polish Civil Code.

5. Users of the Music Granar Music Library may browse the available Recordings free of charge and place orders for licences permitting their use.

6. Any User may browse and listen to the Recordings available in the Music Granar Music Library free of charge without registering an account.

7. Registered Users receive a free trial licence authorising them to download and use the Recordings solely for evaluation purposes, without the right to distribute them.

8. In order to obtain a licence authorising the distribution of the Recordings, the User must submit an order through the Music Granar Music Library and enter into the relevant licence agreement.

§ 2. Recordings

1. The catalogue of Recordings available through Music Granar is continuously updated and made available in the Music Granar Music Library.

2. Music Granar represents and warrants that it holds the proprietary rights required to make the Recordings available, to use them, and to grant non-exclusive licences for their use to the extent necessary for entering into licence agreements and carrying out activities related to the exploitation of the Recordings as provided for in these Terms and Conditions.

3. In particular, Music Granar holds the rights to use and dispose of:

a. the proprietary copyrights to the musical works embodied in the Recordings;

b. the neighbouring rights relating to the artistic performances embodied in the Recordings;

c. the neighbouring rights of the phonogram producer relating to the Recordings.

4. Music Granar represents and warrants that the Recordings are free from any legal defects and that their licensing in accordance with these Terms and Conditions does not infringe the rights of any third party.

§ 3. Registration with Music Granar

1. To register with the Music Granar Music Library, the User must provide an e-mail address and create a password that will be used to access their Music Granar account.

2. In order to complete the registration process, the User must confirm the activation link sent to the e-mail address provided during registration. By registering, the User confirms that they have read these Terms and Conditions, fully accept their provisions, and undertake to comply with them.

3. Registration is equivalent to the granting of a Trial Licence and enables the User to use the Music Granar Music Library.

4. After downloading 10 Recordings under the Trial Licence, the User must complete their Music Profile in order to continue using the Music Granar Music Library. The Music Profile shall include the following information:

- First name;

- Last name;

- Country of residence;

- Purpose of using the Music Granar Music Library;

- Professional profile or type of business activity;

- Telephone number.

5. Within 48 hours of receiving a correctly completed Music Profile, Music Granar reserves the right to verify whether the registered User satisfies the eligibility requirements for using the Music Granar Music Library set out in §1, in particular with regard to the User's business activity, profession or organisation.

§ 4. Trial Licence for the Use of Recordings

1. Upon receiving confirmation of registration from Music Granar, the User is granted a non-exclusive Trial Licence to use the Recordings available in the Music Granar Music Library solely for evaluation purposes. The Trial Licence includes the right to:

a. download the Recordings from Music Granar and store them in the memory of a computer or other device;

b. synchronise the Recordings with audio and audiovisual works;

c. create adaptations of the Recordings for the purposes of such audio and audiovisual works.

2. The Trial Licence also entitles the User to present the Recordings (including adapted or synchronised versions thereof) to the User's clients or prospective clients solely to the extent necessary to evaluate the need for obtaining a full commercial licence.

3. The presentation referred to in paragraph 2 may take place exclusively in the following forms:

a. playback during closed business meetings;

b. online transmission, provided that access is restricted exclusively to members of the User's organisation and the User's client or prospective client.

4. The Trial Licence is granted on the condition that the User does not distribute the Recordings, except as expressly permitted under these Terms and Conditions. This prohibition applies both to the Recordings themselves and to any adaptations thereof, as well as to any audio or audiovisual works incorporating the Recordings, regardless of the method of distribution, whether free of charge or for remuneration, their scope of dissemination or the intended audience. Any breach of this prohibition by the User shall result in the automatic termination of the Trial Licence.

5. The User is not entitled to assign the Trial Licence to any third party or to grant any further licences (sublicences) authorising the use of the Recordings.

6. Any breach of the rules governing the use of the Recordings set out above shall constitute an infringement of the rights of Music Granar and may result in civil and criminal liability.

7. The User shall be liable for any damage suffered by Music Granar as a result of a breach of these Terms and Conditions.

8. The non-exclusive Trial Licence covers:

a. the proprietary copyrights to the musical works embodied in the Recordings;

b. the neighbouring rights relating to the artistic performances embodied in the Recordings;

c. the neighbouring rights of the phonogram producer relating to the Recordings.

§ 5. Licences

1. Music Granar grants non-exclusive licences for the synchronisation of the Recordings and their public performance as part of audiovisual and multimedia works, excluding the scope of rights management and representation exercised by the collective management organisation ZAiKS in respect of television and radio broadcasting, making works publicly available via the Internet, public performance, fixation and reproduction on physical media, as well as the rental and lease of such media.

2. The granting of a licence to use the Recordings requires the User to submit a licence request by e-mail to info@musicgranar.com and to enter into a separate Licence Agreement with Music Granar.

3. When submitting a licence request, the User shall provide the following information:

a. the title and author of the Recording;

b. a description of the project in which the User intends to use the Recording (e.g. a feature film, commercial, radio programme, corporate film, etc.);

c. the intended fields of exploitation of the project incorporating the Recording (e.g. television, radio, Internet);

d. the territory in which the project incorporating the Recording will be exploited;

e. the intended period of exploitation of the project incorporating the Recording;

f. the number of copies of any physical media containing the project incorporating the Recording;

g. the duration of the excerpt of the Recording to be used, in the case of feature films, documentary films and corporate films;

h. the information required for the issuance of a VAT invoice.

4. Within 7 Business Days following receipt of the licence request, Music Granar shall send to the User, at the e-mail address provided during registration, a proposed Licence Agreement, including in particular the licence fee for the use of the Recording.

5. Music Granar reserves the right to request additional information or clarification concerning the submitted licence request. In such a case, the period referred to in paragraph 4 shall commence upon receipt by Music Granar of the requested information.

6. The licence proposal submitted by Music Granar shall remain valid and binding for 1 month from the date on which it is sent to the User. If the User does not accept the proposal within that period, it shall cease to be binding and the licence request shall be deemed cancelled. The same shall apply where the proposed Licence Agreement cannot be delivered to the User for reasons attributable to the User, including, without limitation, the provision of incorrect or outdated contact details.

7. If the User accepts the terms of the proposed Licence Agreement, the User shall notify Music Granar by e-mail. Unless the User expressly states otherwise, payment of the licence fee in the amount specified by Music Granar shall also constitute acceptance of the proposed Licence Agreement.

8. The Licence Agreement shall be deemed concluded upon the User's acceptance of the proposal in the manner specified above. However, the licence to use the Recordings shall become effective only upon payment of the licence fee to Music Granar. Any use of the Recordings falling within the scope of the licence prior to such payment, including, in particular, any distribution thereof, shall constitute an infringement of the rights of Music Granar and may result in civil and criminal liability.

9. Immediately after the conclusion of the Licence Agreement, Music Granar shall issue a VAT invoice for the licence fee and deliver it to the User.

10. By submitting a licence request, the User consents to the issuance and delivery of VAT invoices by Music Granar in electronic form. VAT invoices shall be issued and delivered in PDF format in a manner ensuring the authenticity of their origin and the integrity of their content, in particular preventing any modification thereof, and shall be sent to the e-mail address provided by the User during registration with Music Granar. Should legislation introducing the mandatory use of the Polish National e-Invoicing System (Krajowy System e-Faktur – KSeF) enter into force, VAT invoices shall, from the effective date of such legislation, be issued and made available in accordance with the applicable legal requirements.

11. Within 1 month following the conclusion of the Licence Agreement, the User may request written confirmation of its terms. In such a case, Music Granar shall send to the address indicated by the User a copy of the Licence Agreement duly executed by persons authorised to represent Music Granar.

§ 6. Use of Music Granar

1. The User shall not use Music Granar in any manner that:

a. interferes with or disrupts its proper operation;

b. is burdensome to, or jeopardises the security of, other Users;

c. involves the automated downloading of Recordings made available through Music Granar;

d. results in the circumvention or breach of security measures implemented by Music Granar for the protection of the Recordings or any other elements of the Music Granar Music Library;

e. violates applicable law, accepted standards of conduct or principles of social coexistence.

2. If the User breaches the provisions of these Terms and Conditions, Music Granar shall have the right to block the User's access to the Music Granar Music Library without prior notice. Where there is a reasonable suspicion of such a breach, Music Granar may temporarily suspend the User's access pending clarification of the matter. The User shall be informed of any such action by e-mail sent to the address provided during registration.

3. The User shall keep their Music Granar account password confidential and shall not disclose it to any third party.

§7. Technical Requirements

1. In order to use the Music Granar Music Library properly, the User must have access to a personal computer or mobile device connected to the Internet. Music Granar recommends using the latest versions of the following web browsers: Google Chrome, Mozilla Firefox, Safari, Microsoft Edge or Opera.

2. Registration with Music Granar requires the User to have an active e-mail account.

3. While using Music Granar, cookies may be stored on the User's device for the purpose of collecting information relating to the operation of the Music Granar Music Library. In particular, cookies enable the identification of the User's device in connection with logging into the Music Granar Music Library.

§8. Termination of the Use of Music Granar

1. The User may discontinue the use of the Music Granar Music Library at any time by submitting an appropriate notice to Music Granar by electronic mail.

2. If the User does not log into their account for a period of 365 consecutive calendar days, Music Granar shall have the right to delete the User's account.

3. Following the User's resignation from using Music Granar or the deletion of the User's account for any other reason, Music Granar shall delete from its systems all data relating to that User, subject to any obligations arising under applicable law.

§ 9. Complaints

1. Any complaints concerning the operation of the Music Granar Music Library should be submitted to Music Granar by e-mail to info@musicgranar.com.

2. Complaints shall be reviewed within 30 days of receipt. Music Granar reserves the right to extend this period where the complexity of the complaint or the need to undertake additional investigations so requires.

3. Complaints may not concern differences resulting solely from the User's individual computer or device settings.

§ 10. Final Provisions

1. Music Granar reserves the right to discontinue the operation of the Music Granar Music Library at any time without stating any reason. Such discontinuation shall not affect the validity of Licence Agreements concluded prior to the termination of the service.

2. Music Granar may temporarily suspend the operation of the Music Granar Music Library, in whole or in part, for maintenance, technical upgrades or improvements.

3. Any disputes relating to the operation of the Music Granar Music Library or the use of the Recordings shall first be resolved amicably through negotiations between the Parties. If no amicable settlement can be reached, such disputes shall be submitted to the competent common court having jurisdiction over the registered office of Music Granar.

4. Matters not governed by these Terms and Conditions shall be governed by the laws of the Republic of Poland, including the Polish Civil Code and the Polish Copyright and Related Rights Act. The processing of Users' personal data is governed by the Music Granar Privacy Policy and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation – GDPR).

5. Music Granar reserves the right to amend these Terms and Conditions at any time without stating any reason or providing prior notice. Any such amendments shall not affect the terms of licences granted before the effective date of the amendments. The current version of these Terms and Conditions shall be made available at all times on the Music Granar Music Library website.